logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.05.27 2015고정3658
업무상횡령
Text

The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

Reasons

1. The summary of the facts charged is a person who was engaged in the storage, settlement, etc. of taxi charges while working as a taxi driver of the victim alone, from November 7, 2008 to April 30, 2015.

On July 28, 2011, the Defendant: (a) while operating a C cab, a victim’s ownership, kept 50,000 won, other than the credit card settlement amount of KRW 76,800,00, which was paid in cash, from among the transport charges of KRW 76,80,00; (b) around that time, he/she arbitrarily consumed it as Defendant’s living expenses, etc.; and (c) arbitrarily used 8,854,840 won in total over 121 times from that time until April 30, 2015 in the following manner, as described in the list of crimes, from that time.

2. The evidence submitted by the judgment prosecutor alone that the victim company had a duty to pay the full amount of the daily transport revenue to the victim company. In other words, it is insufficient to recognize that the victim company actually implemented the so-called “total amount management system” rather than the so-called “ taxi commission scheme,” and that the defendant was a person who has a custody of the entire transport revenue for the victim company, and there is no other evidence to acknowledge otherwise.

Therefore, since the facts charged in this case constitute a case where there is no proof of a crime, the court rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act, and rendered a public notice of the summary of the judgment in this case pursuant to the main sentence of Article 58(2) of the Criminal Act.

arrow